ML032670509
| ML032670509 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  (NPF-009, NPF-035, NPF-052) |
| Issue date: | 09/11/2003 |
| From: | Austin Young Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| +adjud/rulemjr200506, 50-369-LR, 50-370-LR, 50-413-LR, 50-414-LR, ASLBP 02-794-01-LR, RAS 6801 | |
| Download: ML032670509 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 6801 DOCKETED 09/11/03 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 09/11/03 Before Administrative Judges:
Ann Marshall Young, Chair Dr. Charles N. Kelber Lester S. Rubenstein In the Matter of DUKE ENERGY CORPORATION (McGuire Nuclear Station, Units 1 and 2, Catawba Nuclear Station, Units 1 and 2)
Docket Nos. 50-369-LR, 50-370-LR, 50-413-LR, and 50-414-LR ASLBP No. 02-794-01-LR September 11, 2003 MEMORANDUM to COMMISSION (Responding to Memorandum & Order of September 8, 2003)
In response to the Commissions September 8, 2003, Memorandum and Order (CLI-03-11) regarding decisions on the remaining contentions in this proceeding (i.e., Amended Contention 2 and the requested reinstatement of a contention previously dismissed by the Commission that relates to the environmental impacts of using Mixed Oxide (MOX) fuel in the McGuire and Catawba units), and as the Commission is now aware, certain unusual circumstances, including incomplete agreement of all Board members on certain issues and certain staffing difficulties, have made it impossible for the Board to comply with the previously-set schedule. The Board, however, shares the Commissions interest in fair and efficient proceedings that avoid unnecessary delay, and will issue the rulings in question at the earliest possible time or times, utilizing whatever measures are necessary and possible to achieve this goal; specifically, the Board hopes to rule on Amended Contention 2 by or before mid-October
2 1Copies of this Order were sent this date by Internet e-mail or facsimile transmission, if available, to all participants or counsel for participants.
2003, and on the request to reinstate the MOX contention within the month following issuance of the ruling on Amended Contention 2, if not sooner and/or as part of the same issuance.
FOR THE ATOMIC SAFETY AND LICENSING BOARD1
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland September 11, 2003
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
DUKE ENERGY CORPORATION
)
Docket Nos. 50-369/370/413/414-LR
)
(McGuire Nuclear Station, Units 1 and 2;
)
Catawba Nuclear Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM TO COMMISSION (RESPONDING TO MEMORANDUM AND ORDER OF SEPTEMBER 8, 2003) have been served upon the following persons by deposit in the U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Ann Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Charles N. Kelber Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge, ASLBP Lester S. Rubenstein 4760 East Country Villa Drive Tucson, AZ 85718 Susan L. Uttal, Esq.
Antonio Fernández, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Michael S. Tuckman, Executive Vice President Nuclear Generation Duke Energy Corporation 526 South Church Street P.O. Box 1006 Charlotte, NC 28201-1006 Mary Olson Director of the Southeast Office Nuclear Information and Resource Service 729 Haywood Road, 1-A P.O. Box 7586 Asheville, NC 28802 Janet Marsh Zeller, Executive Director Blue Ridge Environmental Defense League P.O. Box 88 Glendale Springs, NC 28629
2 Docket Nos. 50-369/370/413/414-LR LB MEMORANDUM TO COMMISSION (RESPONDING TO MEMORANDUM AND ORDER OF SEPTEMBER 8, 2003)
David A. Repka, Esq.
Anne W. Cottingham, Esq.
Winston & Strawn LLP 1400 L Street, NW Washington, DC 20005 Lisa F. Vaughn, Esq.
Duke Energy Corporation Mail Code - PB05E 422 South Church Street P.O. Box 1244 Charlotte, NC 28201-1244 Paul Gunter Nuclear Information and Resource Service 1424 16th St., NW Washington, DC 20026 Diane Curran, Esq.
Harmon, Curran, Spielberg
& Eisenberg, L.L.P.
1726 M Street, NW, Suite 600 Washington, DC 20036
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 11th day of September 2003